South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

THURSDAY, JANUARY 14, 1993

Thursday, January 14, 1993(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

O God of all generations, the same yesterday, today and always, our lack of patience must seem strange to You. Help us to know that whatever is needful will be accomplished in Your good time, not necessarily according to our schedule. When changes are alarming, when the world seems to have lost its sense and purpose, help us to remember that Your presence and guidance are constant, and steady us with the assurance of Your word: "Be still, and know that I am God," and that the world is in Your hands.

Thank You, Lord, for this privilege of prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. J. BROWN moved that when the House adjourns it adjourn in memory of Mrs. Marie Cantey, which was agreed to.

R. 609, H. 4200--GOVERNOR'S VETO RECEIVED ANDDEBATE ADJOURNED
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

June 16, 1992
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 4200, R-609, an Act:
TO AMEND SECTION 56-1-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OR SUSPENSION OF DRIVER'S LICENSE, SO AS TO PROVIDE THAT MULTIPLE PERIODS OF SUSPENSION RUN CONCURRENTLY AND TO PROVIDE THE PROCEDURE FOR LICENSE REINSTATEMENT; AND TO AMEND SECTION 56-1-745, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR CONVICTION OF A CONTROLLED SUBSTANCE VIOLATION, SO AS TO PROVIDE THAT IF CONVICTED OF AN OFFENSE MANDATING SUSPENSION OF LICENSE WHILE HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE THEN THE SPECIAL RESTRICTED LICENSE IS REVOKED AND THE REMAINING TIME FOR SUSPENSION UNDER THIS SECTION IS IMPOSED.

While SECTION 2 of this bill relating to the suspension and revocation of a special restricted driver's license is appropriate and good policy, SECTION 1 of the bill causes me concern. SECTION 1 would reduce the punishment for multiple convictions of felony driving under the influence arising out of the same accident. Given the seriousness of such illegal conduct, it is not good public policy to lessen the associated penalty. Therefore, I am returning the bill without my signature.

Sincerely,
Carroll A. Campbell, Jr.
Governor

Rep. CLYBORNE moved to adjourn debate upon the veto until Tuesday, January 26, which was adopted.

R. 562, H. 3408--GOVERNOR'S VETO RECEIVED ANDDEBATE ADJOURNED
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

June 16, 1992
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3408, R-562, an Act:
TO AMEND CHAPTER 55, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA CEMETERY ACT OF 1984, SO AS TO REVISE THE SOUTH CAROLINA CEMETERY BOARD AND ITS POWERS AND DUTIES AND THE REQUIREMENTS FOR FUNERAL VAULTS, CEMETERIES, AND LICENSES; AND TO TERMINATE THE PROGRAMS, FUNCTIONS, AND REGULATIONS OF THE SOUTH CAROLINA CEMETERY BOARD JUNE 30, 1996.

This veto is based upon serious concerns raised by the Secretary of State and the manner in which this legislation was adopted with limited opportunity for debate. At a time when the board and commission system of our State is under heavy scrutiny, I am hesitant to certify another potentially disjointed and non-responsive board when other alternative forms of regulation were not considered in the process. The cemetery industry is not a professional membership type association, such as medicine or architecture, where rigorously trained members perform professional services and functions, and whose input is important in regulating these professions. The cemetery industry is a consumer oriented industry, and I do not feel that the interests of the consumer are best served in this instance by a board comprised of a voting majority of members of that industry. The need for regulation in the industry is not in question, but the hasty creation of another board without important input from consumers gives me concern. I also understand that certain provisions of this legislation, particularly the merchandise trust account, raise serious concerns and need corrective action. It is for these reasons that I return this legislation without my signature.

Sincerely,
Carroll A. Campbell, Jr.
Governor

Rep. CLYBORNE moved to adjourn debate upon the veto until Tuesday, January 26, which was adopted.

R. 586, H. 4233--GOVERNOR'S VETO RECEIVED ANDDEBATE ADJOURNED
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

June 16, 1992
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 4233, R-586, an Act:
TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND BENEFITS FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE FOR REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED, TO DELETE THE RESTRICTIONS ON INSURANCE BENEFITS, AND TO ALLOW THE DISTRICT TO SET THE AMOUNT OF PER DIEM.

The public has the right to know that their taxes will be appropriated wisely and efficiently. This bill relaxes the limits of reimbursements for members of a special purpose of public service district beyond the level of appropriate accountability. The current limits may, in fact, be too restrictive; but a total lifting of the restrictions on per diem and insurance benefits is going too far.

Our state's Constitution prohibits state officials from increasing their own salaries during their terms and the General Assembly from increasing the per diem of its own members. S.C. Const. Art. IV, Section 16, Art. III, Section 19. This bill allows members of the governing body of these political subdivision districts to increase their own per diem and insurance benefits without limitation. What is good for the executive and legislative branches should be good for the state's political subdivisions.

Therefore, as a matter of public policy, I am returning this bill without my signature.

Sincerely,
Carroll A. Campbell, Jr.
Governor

Rep. CLYBORNE moved to adjourn debate upon the veto until Tuesday, January 26, which was adopted.

R. 599, H. 4561--GOVERNOR'S VETO RECEIVED ANDDEBATE ADJOURNED
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

June 16, 1992
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 4561, R-599, an Act:
TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONES 5 AND 8; AND TO AMEND THE 1976 CODE BY ADDING SECTION 50-3-318 SO AS TO PROVIDE FOR THE TEMPORARY TRANSFER OF CONSERVATION OFFICERS.

After consultation with the South Carolina Wildlife and Marine Resources Department and review of information provided by them, I find that this legislation is not in the best interest of the State to enact. The Department is not able to support the lengthened deer hunting seasons in their amended versions.

It is believed that the lengthened seasons would be biologically harmful to certain low deer population density areas and would create increased pressure to lengthen seasons across the State.

Therefore, at the request of the Department, I am vetoing this legislation.

Sincerely,
Carroll A. Campbell, Jr.
Governor

Rep. CLYBORNE moved to adjourn debate upon the veto until Tuesday, January 26, which was adopted.

R. 581, H. 3400--GOVERNOR'S VETO RECEIVED ANDDEBATE ADJOURNED
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

January 13, 1993
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3400, R-581, an Act that involves the reclassification of felonies and misdemeanors and the repeal of certain crimes.

I would like to commend the committee that spent an enormous amount of time in the preparation of this legislation, and I would encourage the General Assembly to reintroduce this legislation as soon as my concerns can be alleviated, if my veto is sustained.

My concern about this legislation is twofold:

First, I am concerned about the repeal of particular crimes that may open the door or promote certain unacceptable behavior that in my view should still remain a crime.

Again, I appreciate the efforts of the committee and urge the General Assembly to quickly correct these concerns and reintroduce this legislation.

Sincerely,
Carroll A. Campbell, Jr.
Governor

Rep. CLYBORNE moved to adjourn debate upon the veto until Tuesday, January 26, which was adopted.

R. 573, H. 4880--GOVERNOR'S VETO RECEIVED ANDDEBATE ADJOURNED
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

June 16, 1992
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 4880, R-573, an Act:
TO AMEND ACT 259 OF 1961, AS AMENDED, RELATING TO THE HARTSVILLE COMMUNITY CENTER BUILDING COMMISSION, SO AS TO CLARIFY THAT THIS COMMISSION IS A SPECIAL PURPOSE DISTRICT.

This veto is based upon an opinion of the Attorney General's Office dated June 16, 1992. The opinion states:

The act bearing ratification number 573 of 1992 amends Act No. 259 of 1961, as amended, pertaining to the Hartsville Community Center Building Commission, to clarify that the entity is a special purpose district. A review of the acts concerning the Commission shows that the district covered by the Commission is located wholly within the Hartsville Township of Darlington County. Thus, H. 4880, R-573 of 1992 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to H. 4880, R-573 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7...

Sincerely,
Carroll A. Campbell, Jr.
Governor

Rep. CLYBORNE moved to adjourn debate upon the veto until Tuesday, January 26, which was adopted.

R. 619, H. 3941--GOVERNOR'S VETO RECEIVED ANDDEBATE ADJOURNED
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

June 29, 1992
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3941, R-619, an Act:
TO AMEND SECTION 38-71-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBROGATION OF AN INSURER OF AN ACCIDENT AND HEALTH INSURANCE POLICY OR CONTRACT TO THE INSURED'S RIGHTS AGAINST THIRD PARTIES, SO AS TO PROVIDE THAT SELF-INSURERS HAVE THE SAME SUBROGATION RIGHTS.

While the effect of this bill may have helped to prevent an injustice to a self-insured employer or the employee of a self-insured, the bill seeks to do so in contravention of federal law. It has been held by the U. S. Supreme Court that states may not regulate self-insured health or accident coverage plans, FMC Corp. v. Holliday, 111 S. Ct. 403 (1990). This bill would allow a state entity, the Department of Insurance, to prohibit a self-insured employer from exercising its subrogation rights against an employee who recovered or had a right to recover from a liable third party. This would be an unconstitutional pre-emption of federal law.

Furthermore, even though this may be an attempt to correct a current injustice, this last-minute attempt to correct the potential problem should receive the full attention and debate of the House and Senate as well as the appropriate standing committees.

Therefore, for the foregoing reasons, I am vetoing H. 3941, R-619.

Sincerely,
Carroll A. Campbell, Jr.
Governor

Rep. CLYBORNE moved to adjourn debate upon the veto until Tuesday, January 26, which was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3121 -- Rep. Harvin: A HOUSE RESOLUTION CONGRATULATING CLARENDON COUNTY CITIZENS -- SHERIFF'S DEPARTMENT LIEUTENANT RANDY GARRETT, HIGHWAY PATROL TROOPER BENJI ANDREW, AND SHERIFF H.F. SWILLEY -- AND ALSO COLONEL R.N. ALFORD, THE DIRECTOR OF LAW ENFORCEMENT FOR THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, UPON RECEIVING THE FIRST ANNUAL ACE (AGGRESSIVE CRIMINAL ENFORCEMENT) PROGRAM AWARDS, AND GRANTING THEM THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, JANUARY 26, 1993, FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR AWARDS.

The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 3122 -- Reps. Townsend and Stille: A CONCURRENT RESOLUTION RECOGNIZING AND THANKING VIOLA THOMPSON GRIFFIN OF ANDERSON COUNTY FOR HER CONTRIBUTIONS TO PROFESSIONAL BASEBALL AND TO WOMEN'S SPORTS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 205 -- Senator Drummond: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF DR. HEYWARD PRINCE OF GREENWOOD, PRESIDENT OF THE CONNIE MAXWELL CHILDREN'S HOME.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 206 -- Senator Drummond: A CONCURRENT RESOLUTION TO RECOGNIZE MR. ROBERT JACK GOULD UPON HIS RETIREMENT AS STATE FORESTER, TO THANK HIM FOR HIS DEDICATED SERVICE TO THE STATE COMMISSION OF FORESTRY, AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 3123 -- Reps. A. Young, Littlejohn, Hallman, Cato, Fulmer, Hutson, Vaughn, Harrell, Wofford, Jaskwhich, McMahand, Haskins, Beatty, Hines, Walker, Shissias, J. Harris and Neilson: A BILL TO AMEND SECTION 56-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY BE LICENSED, SO AS TO INCREASE THE AGE FROM FIFTEEN TO SIXTEEN FOR A BEGINNER'S PERMIT AND FROM SIXTEEN TO SEVENTEEN FOR A LICENSE UNLESS THE PERSON HAS COMPLETED A DRIVER'S TRAINING COURSE AND TO INCREASE THE AGE FOR A RESTRICTED LICENSE FROM FIFTEEN TO SIXTEEN YEARS OLD; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO BEGINNERS' PERMITS, SO AS TO INCREASE THE AGE FROM FIFTEEN TO SIXTEEN; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO RESTRICTED LICENSES, SO AS TO ALLOW THESE LICENSES FOR SIXTEEN YEAR-OLDS DRIVING TO AND FROM WORK AND SCHOOL UNDER CERTAIN CONDITIONS AND TO PROVIDE FOR THE LICENSE CONTENT AND FEE AND FOR VIOLATIONS; AND TO REPEAL SECTION 56-1-185 RELATING TO REMOVAL OF TIME RESTRICTIONS ON LICENSES.

Referred to Committee on Education and Public Works.

H. 3124 -- Reps. Lanford, Littlejohn, Beatty, Wofford, Stone, Clyborne, Allison, McMahand, McLeod, Davenport, Hines, Byrd, G. Brown, Shissias and Walker: A BILL TO AMEND SECTION 4-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES UNDER THE PROVISIONS OF LAW REGULATING WRECKERS AT THE SCENE OF ACCIDENTS, SO AS TO PROVIDE FOR A MAXIMUM FINE IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS, RATHER THAN NOT EXCEEDING TWO HUNDRED DOLLARS.

Referred to Committee on Judiciary.

H. 3125 -- Rep. Keegan: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO ALLOW A DEDUCTION FOR A SIXTY-FIVE YEAR OLD PERSON, OR HIS SPOUSE, WHO IS INELIGIBLE FOR A DEDUCTION UNDER OTHER PROVISIONS OF THIS SECTION.

Referred to Committee on Ways and Means.

H. 3126 -- Rep. Keegan: A BILL TO AMEND SECTION 56-3-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALER "SOLD" CARDS ON VEHICLES, SO AS TO REQUIRE DEALERS TO AFFIX A CARD ON A SOLD VEHICLE AND TO REQUIRE CERTAIN IDENTIFYING INFORMATION ON THE CARD.

Referred to Committee on Education and Public Works.

H. 3127 -- Rep. Keegan: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF AD VALOREM TAXES, SO AS TO REQUIRE THE COUNTY ASSESSOR TO NOTIFY THE OFFICIAL IMPLEMENTING THE RECORDING ACT IN THE COUNTY OF PROPERTY WHICH QUALIFIES FOR AGRICULTURAL USE VALUATION AND TO REQUIRE THE OFFICIAL TO NOTE ON THE RECORDED DEED THAT THE PROPERTY IS RECEIVING AGRICULTURAL USE VALUATION AND A CHANGE IN USE CREATES A ROLLBACK TAX LIABILITY.

Referred to Committee on Ways and Means.

H. 3128 -- Rep. Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 11, TITLE 11, SO AS TO PROVIDE FOR A "ZERO-BASED" BUDGET REVIEW OF CERTAIN AGENCIES, DEPARTMENTS, COMMISSIONS, BOARDS, AND INSTITUTIONS EVERY EIGHT YEARS BY A JOINT COMMITTEE CONSISTING OF MEMBERS OF THE WAYS AND MEANS COMMITTEE AND SENATE FINANCE COMMITTEE FOR COMMITTEE MEMBERSHIP AND DUTIES, FOR THE SCOPE OF REVIEW, AND FOR THE ESTABLISHMENT OF A SCHEDULE OF REVIEW.

Referred to Committee on Ways and Means.

H. 3129 -- Reps. Keegan, Martin, Kelley, Witherspoon, Worley, Snow and Thomas: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 136 SO AS TO PROVIDE THAT COASTAL CAROLINA COLLEGE, A FOUR-YEAR REGIONAL BRANCH OF THE UNIVERSITY OF SOUTH CAROLINA, SHALL BECOME COASTAL CAROLINA UNIVERSITY ON JULY 1, 1993, AND SHALL BE A SEPARATE AND DISTINCT INSTITUTION OF HIGHER LEARNING OF THE STATE OF SOUTH CAROLINA, TO PROVIDE FOR A BOARD OF TRUSTEES WHICH SHALL GOVERN THE UNIVERSITY, TO PROVIDE FOR THE BOARD'S POWERS, DUTIES, AND FUNCTIONS, TO AUTHORIZE THE UNIVERSITY TO ISSUE REVENUE BONDS, AND TO PROVIDE FOR CERTAIN TRANSITIONAL PROVISIONS INCLUDING THE TRANSFER OF PERSONNEL, ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS.

Referred to Committee on Education and Public Works.

H. 3130 -- Reps. Kirsh and G. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-60-45 SO AS TO PROVIDE THAT A STATE LICENSED OR STATE CERTIFIED REAL ESTATE APPRAISER IS NOT REQUIRED FOR REAL-ESTATE-RELATED FINANCIAL TRANSACTIONS WHICH ARE EXEMPTED FROM THE APPRAISAL REQUIREMENT UNDER THE REGULATIONS OF THE FEDERAL BANKING AGENCIES.

Referred to Committee on Labor, Commerce and Industry.

H. 3131 -- Rep. Kirsh: A BILL TO AMEND SECTION 56-1-745, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVER'S LICENSE SUSPENSION DUE TO CERTAIN MISUSE OF DRIVER'S LICENSE OFFENSES AND UNDERAGE PURCHASE AND POSSESSION OF ALCOHOL OFFENSES, SO AS TO PROVIDE THAT IF A PERSON IS ACCEPTED INTO A PRETRIAL INTERVENTION PROGRAM FOR ANY SUCH OFFENSE, THE PERSON'S DRIVER'S LICENSE MUST BE SUSPENDED.

Referred to Committee on Judiciary.

H. 3132 -- Rep. Kirsh: A BILL TO AMEND SECTION 50-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING, FISHING, OR TRAPPING WITHOUT CONSENT OF THE OWNER OR MANAGER OF THE PROPERTY, SO AS TO INCREASE THE PENALTY FOR VIOLATION.

Referred to Committee on Judiciary.

H. 3133 -- Rep. Cromer: A BILL TO AMEND SECTION 16-3-1040, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS FOR THREATENING THE LIFE OF A PUBLIC OFFICIAL OR SCHOOL TEACHER, SO AS TO ALSO MAKE IT UNLAWFUL TO THREATEN THE LIFE OF A PERSON OFFICIATING AT A SCHOOL ATHLETIC EVENT.

Referred to Committee on Judiciary.

H. 3134 -- Reps. Snow, Cobb-Hunter, Haskins, Riser, Rudnick, Allison, Littlejohn, Byrd, J. Harris, Wells, Chamblee, Davenport, Baxley, Law, McTeer, Walker, Richardson, Stone, Cromer and Kennedy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2941 SO AS TO PROVIDE THAT THE COURT IN SENTENCING A PERSON CONVICTED OF OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, WHETHER OR NOT THE PERSON IS A FIRST OR SUBSEQUENT OFFENDER AND IF HE IS A RESIDENT OF THIS STATE, MAY REQUIRE AN IGNITION INTERLOCK DEVICE TO BE AFFIXED TO THE VEHICLE THE PERSON WAS DRIVING IF REGISTERED AND LICENSED IN HIS NAME OR THE NAME OF A MEMBER OF HIS IMMEDIATE FAMILY, AND TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE USE OF THIS IGNITION INTERLOCK DEVICE.

Referred to Committee on Judiciary.

H. 3135 -- Reps. Corning, Quinn, Hallman, Cato, Jaskwhich, Shissias, Harrison, Harrell, Waites, Littlejohn, A. Young, Vaughn, Haskins, J. Bailey, Walker, Simrill, Robinson, D. Wilder, J. Wilder, G. Brown, Graham, Kirsh, Davenport, Stone, Meacham and Wells: A BILL TO AMEND ACT 610 OF 1990, RELATING TO THE JUDICIARY, SO AS TO EXTEND THE LIMIT ON DIRECT SOLICITING OF MEMBERS OF THE GENERAL ASSEMBLY FOR VOTES FOR JUDICIAL CANDIDATES BEFORE THE QUALIFICATIONS OF ALL CANDIDATES FOR THE OFFICE ARE DETERMINED BY THE JUDICIAL SCREENING COMMITTEE TO INDIRECT SOLICITATION, TO DEFINE INDIRECT SOLICITATION AND PROVIDE EXCEPTIONS TO REQUIRE THE COMMITTEE TO CONSIDER VIOLATIONS OF THIS SECTION WHEN CONSIDERING A CANDIDATE'S QUALIFICATIONS; AND TO DESIGNATE SECTION 6, PART IV, ACT 610 OF 1990 AS SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976.

Referred to Committee on Judiciary.

H. 3136 -- Reps. J. Brown, Rudnick, Snow, McMahand, Byrd, Anderson, Holt, Canty, Haskins and Jaskwhich: A BILL TO AMEND SECTION 40-51-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY EXAMINERS SO AS TO CHANGE THE NAME OF THE BOARD TO THE BOARD OF PODIATRIC EXAMINERS, TO ADD AN ADDITIONAL MEMBER OF THE BOARD WHO MUST BE ENGAGED IN THE PRACTICE OF PODIATRY, AND TO REVISE AND FURTHER PROVIDE FOR THE QUALIFICATIONS OF MEMBERS OF THE BOARD AND FOR THE MANNER IN WHICH THE PODIATRIST MEMBERS OF THE BOARD ARE SELECTED.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3137 -- Reps. Baker, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baxley, Beatty, Boan, Breeland, H. Brown, J. Brown, Byrd, Canty, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, Harrison, Harvin, Harwell, Haskins, Hines, Holt, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Koon, Lanford, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Robinson, Rogers, Rudnick, Scott, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stoddard, Stone, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-37-106 SO AS TO PROVIDE THAT AN OPTOMETRIST MAY SUPPLY PHARMACEUTICAL AGENTS TO PATIENTS TO INITIATE PROPER TREATMENT; TO AMEND SECTION 40-37-20, RELATING TO THE AUTHORITY AND DUTIES OF THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTOMETRY, SO AS TO INCLUDE IN THEIR LICENSING AUTHORITY, CERTIFICATION FOR PURCHASING, PRESCRIBING, AND DISPENSING PHARMACEUTICAL AGENTS; TO AMEND SECTION 40-37-105, RELATING TO APPLICATION OF PHARMACEUTICAL AGENTS BY OPTOMETRISTS, SO AS TO PROVIDE FOR THEIR USE IN DIAGNOSIS AND TREATMENT; TO AMEND SECTION 40-37-107, RELATING TO REFERRALS OF PATIENTS BY OPTOMETRISTS TO PHYSICIANS, SO AS TO ALLOW REFERRALS TO ANY HEALTH CARE PROVIDER AND TO DEFINE "HEALTH CARE PROVIDER"; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO WHO MAY PRESCRIBE DRUGS, SO AS TO INCLUDE OPTOMETRISTS; TO AMEND SECTION 40-43-155, AS AMENDED, RELATING TO PHARMACISTS SELLING PHARMACEUTICAL AGENTS TO OPTOMETRISTS, SO AS TO PROVIDE THAT THEY MAY BE SOLD TO OPTOMETRISTS WHO ARE CERTIFIED TO PRESCRIBE AND DISPENSE THESE AGENTS FOR DIAGNOSTIC AND THERAPEUTIC PURPOSES; AND TO AMEND SECTION 40-43-360, AS AMENDED, RELATING TO DEFINITIONS IN THE PHARMACY ACT, SO AS TO INCLUDE OPTOMETRISTS AS A "PRACTITIONER" FOR THE PURPOSE OF DEFINING WHO MAY PRESCRIBE DRUGS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3138 -- Reps. Corning, A. Young, Shissias, Harrison, Jaskwhich, Allison, Robinson, Huff, Quinn, Wells, Haskins, Cato, Vaughn, Fair, Wilkins and Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-285 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF THREE ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.

Referred to Committee on Judiciary.

H. 3139 -- Reps. Corning, Quinn, Hallman, Haskins, Shissias, Harrison, Jaskwhich, Fulmer, Simrill, R. Smith, Meacham, Gonzales, Davenport, Beatty, Robinson and A. Young: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO REQUIRE THE EXEMPTION AMOUNT TO BE ADJUSTED ANNUALLY TO OFFSET INCREASES IN THE CONSUMER PRICE INDEX AND TO PRESCRIBE THE PROCEDURE FOR MAKING THE ADJUSTMENT.

Referred to Committee on Ways and Means.

H. 3140 -- Reps. Wofford, McMahand, Cato, Neilson, Hines, A. Young and Hutson: A BILL TO AMEND SECTION 16-23-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL PUNISHMENT FOR POSSESSING A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME, SO AS TO INCREASE THE PENALTY FOR VIOLATION AND PROVIDE FOR THE PENALTY TO BE MANDATORY AND TO RUN CONSECUTIVELY.

Referred to Committee on Judiciary.

H. 3141 -- Reps. McLeod, G. Brown, Farr, H. Brown, Holt, Houck, McCraw, Hines, Walker, Neal, M.O. Alexander, McMahand, Breeland, Shissias, J. Harris, Phillips, Byrd and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-15 SO AS TO PROVIDE THAT THE PROHIBITION ON CERTAIN SIGNS IN THE HIGHWAY RIGHT-OF-WAY DOES NOT EXTEND TO A WELCOME SIGN ERECTED BY THE GOVERNING BODY OF A MUNICIPALITY OR COUNTY IF THE SIGN PRESENTS NO TRAFFIC HAZARD.

Referred to Committee on Education and Public Works.

H. 3142 -- Reps. Wilkins and Clyborne: A BILL TO AMEND SECTION 16-13-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECEIVING STOLEN GOODS, SO AS TO REVISE THE ELEMENT OF "KNOWINGLY" TO MEAN "KNOWLEDGE" OR "REASON TO BELIEVE".

On motion of Rep. MEACHAM, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3144 -- Reps. Meacham, Simrill, G. Bailey, A. Young, Gamble, Wofford, Law, Stille, Shissias, H. Brown, Harrison, Keyserling, Richardson, Klauber and McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-755 SO AS TO PROVIDE FOR THE SEIZURE AND FORFEITURE OF A MOTOR VEHICLE IF THE OWNER OF RECORD IS CONVICTED OF SECTION 56-5-750 (INCREASING SPEED TO AVOID A LAW ENFORCEMENT VEHICLE) AND TO PROVIDE PROCEDURES FOR THE FORFEITURE.

Referred to Committee on Judiciary.

H. 3145 -- Reps. Meacham, Simrill, A. Young, R. Smith, Wofford, Moody-Lawrence, Felder, Stille, Vaughn, Haskins, Harrison, H. Brown and Witherspoon: A BILL TO ENACT THE TEXTBOOK REFORM ACT OF 1993; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-66 SO AS TO REQUIRE THE TEXTBOOK SELECTION COMMITTEE TO BE COMPOSED OF A MAJORITY OF LAY PERSONS WITH EXPERTISE IN THE AREA CONSIDERED; SECTION 59-31-35 SO AS TO EXPAND TEXTBOOK SELECTION CRITERIA; SECTION 59-31-45 SO AS TO PROVIDE FOR PUBLIC REVIEW AND COMMENTS FOR PROPOSED TEXTBOOKS AND INSTRUCTIONAL MATERIALS; AND SECTION 59-31-555 SO AS TO REQUIRE PUBLISHERS TO PROVIDE A CERTIFICATE OF ACCURACY FOR MATERIALS.

Referred to Committee on Education and Public Works.

H. 3146 -- Reps. Meacham, G. Bailey, A. Young, R. Smith, Gamble, Wofford, Shissias, Haskins, H. Brown and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-25-25 AND 16-25-35 SO AS TO INCORPORATE THE ELEMENTS OF THE COMMON LAW CRIME OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE IN THE NEW CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO REQUIRE THAT A PRESENTENCE INVESTIGATION BE CONDUCTED BEFORE ANY SENTENCING TO DETERMINE THE STATE OF MIND OF THE OFFENDER; TO AMEND SECTION 16-25-30, RELATING TO THE PENALTIES FOR CRIMINAL DOMESTIC VIOLENCE, SO AS TO CREATE TWO NEW OFFENSES AND CLASSIFY THESE AND THE EXISTING OFFENSES AS DEGREES OF CRIMINAL DOMESTIC VIOLENCE AND PROVIDE A PENALTY FOR VIOLATION,TO PROVIDE THAT WHEN A PERSON WHO VIOLATES THE PROVISIONS OF SECTION 16-25-20 FOR A FIRST OFFENSE THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITING OR FORMERLY COHABITING"; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE FELONY OFFENSES IN THIS ACT; AND TO REPEAL SECTIONS 16-25-40 AND 16-25-60 RELATING TO THE PENALTY AND SUSPENSION OF SENTENCE FOR A THIRD CONVICTION OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE).

Referred to Committee on Judiciary.

H. 3147 -- Reps. Corning, Hallman, Fulmer, Quinn, Clyborne, Jaskwhich, Holt, Barber, A. Young, Davenport, Richardson, Cato, Shissias, Harrison, Hodges, D. Smith, Vaughn, Riser, Beatty, J. Bailey, Gonzales, Littlejohn, Houck, Lanford, R. Young, Meacham, Harrell, Simrill, Rogers, Walker, Thomas, Wright and Waites: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF CANDIDATES IN GENERAL ELECTIONS, SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY, SECTION 7-13-40, AS AMENDED, RELATING TO THE DATE OF PARTY PRIMARIES, CERTIFICATION OF NAMES FOR PRIMARY BALLOTS, AND FILING FEES, AND SECTION 7-13-350, RELATING TO PLACING THE NAME OF CERTIFIED CANDIDATES ON THE BALLOT NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO REVISE THE PRIMARY DATE AND RELATED FILING AND CERTIFICATION DATES AND PROVIDE FOR A PRIMARY ON THE FOURTH TUESDAY IN AUGUST.

Referred to Committee on Judiciary.

H. 3148 -- Reps. Corning, Fulmer, Sturkie, Shissias, Jaskwhich, Klauber, Canty, Robinson, Cooper, Delleney, Hallman and Harrison: A BILL TO AMEND SECTION 12-27-400, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION AND USE OF "C" FUNDS, SO AS TO PROVIDE THAT THE COUNTY "C" FUNDS MUST BE EXPENDED BY THE COUNTY GOVERNING BODY.

Referred to Committee on Education and Public Works.

H. 3151 -- Reps. Wilkins, Hodges, Jennings and Clyborne: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 16-1-30, RELATING TO CLASSIFICATION OF NEW OFFENSES, SO AS TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 16-1-40 AND 16-1-50, RELATING TO ACCESSORIES BEFORE THE FACT AND INDICTMENT AND CONVICTION OF ACCESSORIES, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-55 SO AS TO CLASSIFY THE OFFENSE OF ACCESSORY AFTER THE FACT; TO AMEND SECTION 16-1-60, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD CRIMINAL SEXUAL CONDUCT WITH MINORS AND ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-80 SO AS TO CLASSIFY AN ATTEMPT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-1-90 AND 16-1-100 SO AS TO PROVIDE A LIST OF EACH CRIME AND OFFENSE AND ITS CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-110 SO AS TO PROVIDE FOR CRIMES OR OFFENSES INADVERTENTLY OMITTED FROM CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-11-325 SO AS TO PROVIDE THAT COMMON LAW ROBBERY IS A FELONY AND TO SET THE MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 7-25-50, 7-25-80, 7-25-190, 8-1-20, 12-7-2750, 12-9-840, 12-21-2716, 12-27-50, 12-29-610, 12-31-670, 12-45-110, 16-5-10, 16-7-160, AS AMENDED, 16-9-320, AS AMENDED, 16-9-340, 16-11-20, 16-11-170, 16-11-617, 16-11-740, AS AMENDED, 16-13-160, 16-13-170, 16-13-290, 16-15-140, 16-15-385, AS AMENDED, 16-17-410, 16-17-430, 16-17-600, AS AMENDED, 16-21-10, 16-21-40, 16-21-130, 16-21-140, 16-23-220, AS AMENDED, 16-23-230, AS AMENDED, 16-23-240, AS AMENDED, 16-23-260, AS AMENDED, 16-23-410, 16-23-420, 16-23-440, AS AMENDED, 16-23-480, 16-23-490, 16-23-520, 17-13-50, 17-15-90, 20-7-50, 20-7-60, 20-7-80, 23-31-340, AS AMENDED, 23-31-360, AS AMENDED, 24-1-270, 24-13-410, 24-13-420, 27-32-120, 34-13-90, 38-9-150, 38-13-170, 39-22-90, 39-23-80, 43-29-41, 43-30-100, AS AMENDED, 44-23-1150, 44-52-165, 44-53-40, 44-53-375, AS AMENDED, 44-53-390, 44-53-445, AS AMENDED, 44-55-1510, 46-41-30, 47-19-120, 55-1-30, 56-1-1100, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, AND 58-17-4100, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM MISDEMEANORS TO FELONIES AND THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 12-54-40, AS AMENDED, 16-3-410, 16-9-10, 16-9-20, 16-11-140, 16-11-700, AS AMENDED, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, AS AMENDED, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 47-3-760, AS AMENDED, 47-21-80, AND 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONIES TO MISDEMEANORS, TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20 AND TO PROVIDE FOR PENALTIES; TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-10, 16-13-30, 16-13-40, 16-13-50, 16-13-70, 16-13-110, 16-13-180, AS AMENDED, 16-13-210, 16-13-230, 16-13-240, 16-13-260, 16-13-420, 16-13-425, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, AND 49-1-50, AS AMENDED, RELATING TO VARIOUS CRIMES AND OFFENSES INVOLVING PROPERTY, SO AS TO CREATE A THREE TIER CLASSIFICATION BASED UPON THE VALUE OF THE PROPERTY INVOLVED THAT SPECIFIES WHETHER THE OFFENSE IS A MISDEMEANOR OR FELONY AND MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 2-17-140, 4-11-130, 4-17-70, 5-21-30, 5-21-40, 6-7-800, 6-7-1080, 6-7-1110, 7-25-10, 7-25-20, 7-25-60, 7-25-70, 7-25-100, 7-25-110, 7-25-120, 7-25-160, 7-25-170, 8-1-30, 8-9-10, 8-11-30, 8-13-320, AS AMENDED, 8-13-540, AS AMENDED, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-2-70, 12-21-2540, 12-21-2714, 12-21-3070, 12-54-40, AS AMENDED, 16-3-50, 16-3-60, 16-3-70, 16-3-75, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 16-11-330, 16-11-380, 16-11-390, 16-11-560, 16-11-570, 16-13-150, 16-13-385, 16-14-80, 16-14-100, 16-15-50, 16-15-130, 16-15-250, 16-15-405, 16-15-425, 16-16-20, 16-17-510, 16-17-560, 16-17-700, 16-21-60, 16-23-50, AS AMENDED, 16-23-465, 16-23-470, 17-7-510, 17-15-150, 22-5-120, 22-9-140, 23-1-20, 23-17-110, 23-31-190, 23-35-130, 24-3-910, 25-1-150, 25-7-20, 25-7-50, 25-15-20, 27-29-150, 30-15-50, 34-19-110, 37-13-50, 38-7-140, 38-13-140, 38-25-330, 38-37-930, 38-37-1650, 38-43-190, 38-43-240, 38-47-60, 38-55-80, 38-55-150, 38-55-160, 38-59-50, 39-15-170, 39-15-470, 39-17-340, 40-5-320, 40-5-350, 40-5-360, 40-6-170, 40-11-300, 40-41-220, 40-43-140, AS AMENDED, 40-43-320, 41-15-50, 43-5-40, 43-33-40, 44-31-360, 44-53-370, AS AMENDED, 46-17-460, 46-19-270, 46-25-80, 48-27-230, 48-27-250, 48-49-60, 50-1-136, 50-13-350, 50-13-1460, 50-13-1470, 50-21-710, 54-1-40, 56-5-750, 56-5-2945, 56-29-30, 58-13-10, 59-25-250, 59-63-450, AND 61-13-810 RELATING TO CRIMES AND OFFENSES, SO AS TO CHANGE THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION ESTABLISHED FOR EACH OFFENSE; TO AMEND SECTION 12-7-1680, AS AMENDED, RELATING TO VIOLATION OF SECRECY OF INCOME INFORMATION, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; TO AMEND SECTION 16-3-615, RELATING TO SEXUAL BATTERY, SO AS TO CHANGE THE TERM OF IMPRISONMENT TO TEN YEARS; TO AMEND SECTION 16-3-1070, RELATING TO STALKING, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATES' JURISDICTION, SO AS TO PROVIDE THAT PETIT LARCENY AND ALL OTHER OFFENSES INVOLVING PERSONAL PROPERTY IN WHICH THE VALUE IS TWO HUNDRED DOLLARS OR LESS IS WITHIN THE MAGISTRATE'S JURISDICTION; TO AMEND SECTION 50-17-1190, RELATING TO PENALTIES FOR VIOLATIONS OF THE COASTAL FISHERIES LAWS, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; AND TO REPEAL SECTIONS 16-1-15 RELATING TO ALL DEGREES OF BURGLARY BEING A FELONY, 16-9-40 RELATING TO ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY, 16-13-20 RELATING TO PRIVILY STEALING FROM PERSON OR HOUSE AS GRAND LARCENY, 16-13-90 RELATING TO THEFT OF BEDDING AND OTHER FURNISHINGS FROM LODGING, 16-13-190 RELATING TO STEALING TIRES OR TUBES, 16-13-200 RELATING TO RECEIPT OF STOLEN TIRES AND TUBES, 16-15-30 RELATING TO ABDUCTING A MAID UNDER SIXTEEN YEARS OF AGE, 16-15-40 RELATING TO CONTRACTING MATRIMONY WITH AN ABDUCTED MAID UNDER THE AGE OF SIXTEEN, 24-5-40 RELATING TO SEPARATE LODGING FOR DEBTORS, 39-23-90 RELATING TO PENALTIES FOR VIOLATING SECTION 39-23-80, AND 54-9-80 RELATING TO IMPRESSING SEAMEN.

Rep. WILKINS asked unanimous consent to have the Bill placed on the Calendar without reference.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3153 -- Reps. J. Brown, Inabinett, Haskins, Wells, Jaskwhich, Hines, Allison, Byrd and Graham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3890 SO AS TO PROHIBIT PERSONS UNDER FIFTEEN YEARS OF AGE FROM STANDING OR SITTING IN THE OPEN BED OF A PICKUP TRUCK OR TRAILER UNDER CERTAIN CIRCUMSTANCES.

Referred to Committee on Education and Public Works.

H. 3154 -- Reps. J. Brown, G. Brown, Rogers, Byrd, Inabinett, Kennedy, Wofford, McLeod, Hines, Stone, Meacham, Lanford, Simrill and Wilkins: A BILL TO AMEND SECTION 16-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ROBBERY OF OPERATORS OF MOTOR VEHICLES FOR HIRE, SO AS TO INCREASE THE PENALTY FOR A VIOLATION, TO PROHIBIT PAROLE UNTIL A MINIMUM TERM HAS BEEN SERVED, AND TO PROHIBIT SUSPENSION OF THE SENTENCE.

Referred to Committee on Judiciary.

H. 3155 -- Reps. J. Brown, Jaskwhich, Inabinett, Rudnick, Stone, Hines, Beatty, Huff, Byrd, Graham and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-95 SO AS TO PROVIDE THAT ALL SCHOOL BUSES MUST BE EQUIPPED WITH LAP OR SHOULDER HARNESS SAFETY BELTS; AND TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS FOR MANDATORY USE OF SEAT BELTS, SO AS TO DELETE THE EXCEPTION FOR SCHOOL BUSES.

Referred to Committee on Education and Public Works.

CONCURRENT RESOLUTION

The following was introduced:

H. 3149 -- Reps. Wilkins, Tucker, P. Harris, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Mattos, McMahand and Vaughn: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF ONE OF GREENVILLE'S MOST DISTINGUISHED PHYSICIANS, DR. IVERSON O. BROWNELL, UPON HIS DEATH.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3150 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF FORMER REPRESENTATIVE ROBERT R. DURANT, JR., OF CLARENDON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

I came in after the roll call and was present for the Session on Thursday, January 14.

Ronald P. Townsend Rick Quinn

Total Present--122

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Thursday, January 14.

Thomas E. Huff

H. 3083--DEBATE ADJOURNED

Rep. RISER moved to adjourn debate upon the following Bill until Thursday, January 28, which was adopted.

H. 3083 -- Reps. Koon and Sturkie: A BILL TO PROHIBIT LEXINGTON COUNTY SCHOOL DISTRICT 1 FROM UNDERTAKING CONSTRUCTION OR RENOVATION PROJECTS BY MEANS OF LEASE-PURCHASE OR LEASE-LEASEBACK AGREEMENTS, TO PROVIDE THAT LEASE-LEASEBACK AND LEASE-PURCHASE AGREEMENTS ENTERED INTO BY THE GOVERNING BODY OF THE DISTRICT CONSTITUTE GENERAL OBLIGATION DEBT FOR THE PERIOD OF THE LEASE SUBJECT TO THE DEBT LIMITATIONS IMPOSED BY ARTICLE X, SECTION 15, CONSTITUTION OF SOUTH CAROLINA, 1895, AND TO PROVIDE FOR GENERAL OBLIGATION DEBT EXISTING ON THE EFFECTIVE DATE OF THIS SECTION AND THE MANNER OF ISSUING ADDITIONAL GENERAL OBLIGATION DEBT.

MOTION PERIOD

Rep. HASKINS moved to recall H. 3151 from the Judiciary Committee.

As a first substitute Rep. FAIR moved to recall H. 3153 from the Education and Public Works Committee.

As a second substitute motion, Rep. J. BAILEY moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3101 -- Reps. Rudnick, Baxley, Harrelson, Waldrop, Richardson, Snow, Thomas and Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE MOST REVEREND ERNEST L. UNTERKOEFLER, FORMER BISHOP OF THE DIOCESE OF CHARLESTON, AND EXTENDING SYMPATHY TO HIS MANY FRIENDS AND ADMIRERS.

H. 3122 -- Reps. Townsend and Stille: A CONCURRENT RESOLUTION RECOGNIZING AND THANKING VIOLA THOMPSON GRIFFIN OF ANDERSON COUNTY FOR HER CONTRIBUTIONS TO PROFESSIONAL BASEBALL AND TO WOMEN'S SPORTS.

H. 3149 -- Reps. Wilkins, Tucker, P. Harris, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Mattos, McMahand and Vaughn: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF ONE OF GREENVILLE'S MOST DISTINGUISHED PHYSICIANS, DR. IVERSON O. BROWNELL, UPON HIS DEATH.

H. 3150 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF FORMER REPRESENTATIVE ROBERT R. DURANT, JR., OF CLARENDON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

ADJOURNMENT

At 10:55 P.M. the House in accordance with the motion of Rep. J. BROWN adjourned in memory of Mrs. Marie Cantey, to meet at 10:00 A.M. tomorrow.